The more I read the Masterpiece case the more it looks like a 5-4 ruling masquerading as a 7-2
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But that would be argued next term, right?
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yep, if they take it
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I am willing to bet huge that if they take it Kennedy will not retire this year.
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I am not sure I understand this tweet. What do you mean by "what Breyer and Kagan got or will get in return for signing on"?
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Me too
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Based on assumption that their votes would influence what’s in Kennedy’s opinion in some way... but who knows?
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Isn’t it possible that Kennedy agreed to rule in a more limited fashion to secure their votes?
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Good point. Also, there is some language in Kennedy majority that talks about legislative free exercise and not being different than adjudicatory- wonder if we see the ban invalidated as being too directed, akin to the Co civil rights agency doing so?
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While we're pondering this -- and continue to muddle through the piecemeal effort to expand Medicaid -- I'd also like to understand what the same 2 votes were about in NFIB 6 years ago.
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